Goad v. Walker

Williams, Judge:

To a judgment in favor of defendants in an action of unlawful detainer, plaintiff obtained this writ of error. The action is to recover possession of a small triangular lot of' bottom land lying on Elk River, south of the mouth of a creek called Waters Defeat. Plaintiff claims the right to *434possession on two grounds, viz.: (1) That he has title to the land and, therefore, right to possession: and (2) that defendants went upon the land as his tenants, and are estopped by virtue of the relation of landlord and tenant to deny his tille. Both claims are disputed by defendants. No…